According to recent data from the CDC and the National Institute of Health (NIH) nearly one quarter of all deaths in the United States take place in nursing homes and elderly care facilities. The vast majority of death are due to natural causes such as heart disease, cancer, and Alzheimer’s. However many cases of deaths in nursing homes can be attributed to the negligent or intentional conduct of nursing home staff including neglect of the elderly, physical and emotional abuse, and failure to properly notify medical staff when required. Under California law certain relatives of the deceased have the right to seek justice form the death of their loved ones from all at fault parties. Our law firm is dedicated to protecting the rights of individuals who have suffered from abuse and neglect in elderly care centers and nursing homes. If you have any legal questions and would like to schedule a completely confidential and no cost legal consultation call toll free /wp-content/uploads/.
What Is the Legal Definition of Elder Abuse and Nursing Home Neglect:
Elder abuse and elder neglect have separate legal definitions under California laws.
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Cal. Pen. Code 368 – Abuse of the Elderly – Any person who willfully causes or permits harm to any elder an dependent adult. Under Cal. Pen. Code 15610.07, specific acts of elder abuse include, physical abuse, financial abuse, abandonment, isolation, abduction and other treatment resulting in physical harm. Cal Pen. code 15610.57. Neglect of the Elderly – Under California law neglect of the elderly is generally defined as the negligent failure of a person having the care or custody of an elder or dependent. Common causes of deaths in nursing home due to staff neglect include
- Failure to provide proper nutrition resulting in dehydration and malnutrition
- Failure to provide proper medical care or contact available medical crew during a medical emergency
- Failure to turn immobile patients on their beds resulting in serious bed sore
- Unsanitary living conditions and improper clothing resulting in serious viral and bacterial infections
- Health and safety code violation resulting in slip and fall accidents, falls from beds.
Who Can File a Wrongful Death Lawsuit in the State of California:
CODE OF CIVIL PROCEDURE SECTION 377.60-377.62 – This Code states: “A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:
- The decedent’s surviving spouse,
- Domestic partner
- Children, and issue of deceased children,
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Or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.
The Ultimate Guide to Nursing Home Neglect & Elder Abuse
– Elder Abuse Attorney Los Angeles – Nursing Home Neglect – Emotional Elder Abuse Attorney – Bed Sore Attorney | Elderly Neglect – Medication Error in Nursing Homes – What is Elder Abuse? – Nursing Home Slip and Fall Attorney – Elder Financial Abuse Attorney – Elder Abuse Neglect Laws Attorney – Residential Care Elderly Abuse Attorney – Who Can Sue For Elder Abuse? – Elderly Medical Malpractice Attorney – Bed Sore Wrongful Death Lawsuit – Bed Sore Injury Attorney – Nursing Home Neglect – Different Stages of Bedsores – Hospital Bed Sore Lawsuit – Can a Hospital be Sued for Patient Neglect – Nursing home sexual assault – Infections in Nursing Homes – Nursing Home Heat Stroke Lawsuit
If you have any further legal question or are in need of legal assistance feel free to contact our law offices toll free to schedule a no cost and completely confidential attorney consultation / Toll free (855) 339-8879. California Center for Elder Abuse